PRAKASH FAKIRA DHANORE Vs. SUSHMITA BORA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India r/w Sec. 115 of the CPC, challenging the legality of the Order dtd. 20/2/2025 passed by the learned District Judge, Nagaon in MISC (Guardianship) Case No. 7/2024. By Impugned Order dtd. 20/2/2025, the learned District Judge, Nagaon has rejected the petition No. 105/2025 arising out of MISC (Guardianship) Case No. 7/2024, whereby the present petitioner was seeking an interim direction for taking his daughter to the USA for three months in order to avail medical treatment.

(2.) I have heard learned Senior Counsel, Mr. M. Nath assisted by learned counsel, Mr. D. P. Borah for the petitioner and Ms. S. Chakravarty, for the respondent.

(3.) It is the contention of the petitioner that the marriage between the petitioner and the respondent took place at Nagaon on 7/11/2016 and thereafter, they left for the US and were residing in California. On 7/11/2021, a baby girl namely Ms. Aarna was born to them in the US through IVF process from an unknown donor and the baby is an American citizen. On 3/11/2023, the petitioner along with the respondent and minor daughter came to India and after visiting the parents of the petitioner in Maharashtra, they came to Nagaon, Assam on 21/11/2023 to the paternal house of the respondent. Thereafter, the petitioner left for California, USA leaving behind the respondent and his minor daughter for a few days. It is stated that the minor daughter of the petitioner has been suffering from some ailments which has been diagnosed as Autism by one Dr. Ruth Chee Chan, MD in the US.